1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, they were not given the proper time to recover from their issues at the time of the discharge. Since being discharged, the applicant has been diagnosed with PTSD, depression, and anxiety. If the applicant received an honorable discharge, they would be able to better oneself and attend college. b. Board Type and Decision: In a records review conducted on 10 August 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder outweighing the applicant's Rehabilitation Failure. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / AR 635-200, Chapter 9 / JPD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 15 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 February 2010 (2) Basis for Separation: The applicant was informed of the following reasons: On 14 December 2009, the applicant was command referred to the Army Substance Abuse Program and on 26 December 2009 the applicant failed to report to duty and was found in applicant's barracks room drunk. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 February 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 March 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 March 2006 / 6 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 4 years, 1 month d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska, SWA / Iraq (21 September 2008 - 15 September 2009) f. Awards and Decorations: VUA, AGCM, NDSM, GWOTSM, ICM-CS, ASR g. Performance Ratings: 1 January 2009 - 11 December 2009 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Six Developmental Counseling Forms, for various acts of misconduct. FG Article 15, dated 11 December 2009, for on or about 14 November 2009, without authority, failing to go at the time prescribed to their appointed place of duty, to wit: 0840 accountability formation, for on or about 21 November 2009, being released from Warrior Leaders Course for disciplinary reasons and for on or about 21 November 2009, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of their duties. The punishment consisted of a reduction to E-4; forfeiture of half pay per month for two months; and extra duty and restriction for 45 days and restriction to the limits of the battalion area, barracks, DFAC's, chapel and motor pool for 45 days. FG Article 15, dated 3 February 2010, for on or about 13 January 2010, without authority, failing to go at the time prescribed to their appointed place of duty, to wit: 0600 accountability formation, for on or about 21 December 2009, for failing to go at the time prescribed to their appointed place of duty, to wit: 0600 accountability formation and for on or about 26 December 2009, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, was incapacitated for the proper performance of their duties. The punishment consisted of a reduction to E-1; forfeiture of $723 pay per month for two months; and extra duty for 45 days and restriction to the limits of the battalion area, dining facility, medical facility, place of worship and place of duty for 45 days. Patient Progress Report, dated 5 February 2010, reflects the applicant was released from the Army Substance Abuse Program (ASAP). The applicant's in-progress evaluation was poor, and the counselor recommended terminating treatment and separation. The unit commander's appraisal of the applicant's performance was unsatisfactory. The reason for separation from the ASAP programs was "Separation/Termination as Alcohol/Drug Abuse Rehab Failure." Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 10 February 2010, reflects the applicant's rehabilitation team met on 26 December 2009, and determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, paragraph 3-2 and 3-3. Further rehabilitation efforts in a military environment were not justified considering the applicant's lack of progress. It was the commands decision that the applicant be separated from the Army under chapter 9. i. Lost Time / Mode of Return: 3 days (AWOL, 5 June 2007 - 7 June 2007) / NIF j. Behavioral Health Condition(s): (1) Applicant provided: Page two of Department of Veterans Affairs Rating Decision, reflecting the applicant was rated at 30 percent for PTSD, panic disorder, unspecified depressive disorder with alcohol disorder (in remission). (2) AMHRR Listed: Report of Behavioral Health Evaluation, dated 1 February 2010, reflects the applicant was diagnosed with alcohol abuse but was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The command was advised to consider the influence of these conditions. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; page two of Department of Veterans Affairs Rating Decision; DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board) sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Chapter 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. (5) Paragraph 9-4, stipulates the service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600-85. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for Alcohol Rehabilitation Failure. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The evidence of Army Military Human Resource Record (AMHRR) indicates on 26 December 2009, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant did not have the potential for continued military service because the level of need for medication management and length of treatment exceeded what was available in the Active Duty Army. The applicant contends they were not given the proper time to recover from their issues at the time of discharge. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends being diagnosed with PTSD, depression, and anxiety by the VA. The applicant provided page two of Department of Veterans Affairs Rating Decision, reflecting the applicant was rated at 30 percent for PTSD, panic disorder, unspecified depressive disorder with alcohol disorder (in remission). The AMHRR shows the applicant underwent a behavioral health evaluation (BHE) on 1 February 2010, which indicates the applicant was mentally responsible and recognized right from wrong. The BHE reflects a diagnosis of alcohol abuse. The applicant contends an upgrade would allow educational benefits through the GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: Post Traumatic Stress Disorder. Additionally, the applicant asserts Depression and Anxiety, which may be sufficient evidence to establish the existence of a condition that could mitigate or excuse the discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant is diagnosed and service connected by the VA for PTSD. Service connection establishes that applicant's PTSD existed during military service. There is no evidence that applicant's Depression or Anxiety existed at the time of military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between PTSD and self-medicating with substances, the applicant's PTSD likely contributed to the Alcohol Rehabilitation Failure that led to the separation. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, to include the Board Medical Advisor opine, the Board determined that the applicant's Post Traumatic Stress Disorder outweighed the applicant's alcohol rehabilitation failure. b. Response to Contention(s): (1) The applicant contends being diagnosed with PTSD, depression, and anxiety by the VA. The Board liberally considered this contention and determined that the applicant's PTSD outweighed the applicant's Alcohol Rehabilitation Failure. Therefore, a discharge upgrade is warranted. (2) The applicant contends they were not given the proper time to recover from their issues at the time of discharge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD fully outweighing the applicant's Alcohol Rehabilitation Failure. (3) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. c. The Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder outweighing the applicant's Alcohol Rehabilitation Failure. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the applicant's Alcohol Rehabilitation Failure. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the applicant's reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will change to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200, paragraph 14-12a Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20210001663 1